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Mashel Law LLC
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MASHEL LAW ATTORNEYS
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AMY C. BLANCHFIELD
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MASHEL LAW LLC
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New 5 Star Review: "This was my second experience with Mashel Law. Anthony is very professional yet very comfortable to discuss legal matters. He makes it easy to understand the sometimes difficult legal language. Everything was explained to me in detail. I was constantly kept up to date and consulted about my case. I would recommend this firm to anyone faced with legal issues."
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Often when an employee begins a job, or for that matter even after years of employment, they are handed an employee handbook or other forms and directed to sign them as a condition of employment or continued employment. These arbitration policies or agreements serve to waive an employee’s constitutional right to sue in court and to have their cases decided by a jury of their peers. Instead, legal claims arising out of the employment relationship will be put through a costly, private legal system which generally favors the employer over the employee. What Is Arbitration? Arbitration is a form of alternative dispute resolution where parties resolve disputes with a private, independent decision maker outside of court. The arbitrator is the sole decision maker and that decision is final and binding. Arbitration was created in order to develop an informal, expedited way to resolve disputes. However, over time this process has proven to be extremely costly, have questionable objectivity, and a lack of transparency. Bear in mind, professional arbitrators typically get repeat business from big business employers; for the individual employee it is probably the last and only time they will ever file a legal claim against an employer. Common sense dictates that that if an arbitrator wants repeat business from an employer, than he or she must avoid hurting that same employer in their corporate pocketbook. As further evidence that arbitration is tilted in favor of the employer, a study done of the outcome of employment claims decided in arbitration versus in court before a jury revealed that the employee win rate for employees in arbitration cases was 21.4% lower than employment cases decided in court by a jury. Even if you should be lucky enough prevail in arbitration, it is likely your money award will prove to be substantially lower than it would have been if decided during a jury trial. Simply put, it is in your best interest as an employee to avoid arbitration, and preserve your future right to file an employment claims in court to be decided by a jury. Consult with an Employment Attorney Before Agreeing to Arbitration If you are asked to sign an employee handbook or any document containing an arbitration agreement, you should ask for a reasonable opportunity to consult with an employment law attorney before signing. Remember, if you agree to arbitrate you are waiving your constitutional right to a jury trial in favor of a process that often times favors the financially powerful employer over the financially weaker employee. If you are presented with a mandatory arbitration agreement to sign, immediately contact an attorney at Mashel Law, LLC for legal advice. Mashel Law, located in Marlboro, New Jersey, is dedicated exclusively to protecting the rights of employees.
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New 5 Star Review: "Working with Mashel Law was easy. Tina is the legal secretary and is always very pleasant and a delight to deal with. She will listen and talk to you, plus she makes sure your request is received by the attorneys every time. I worked with both Stephan Mashel and Anthony Almeida.They both were very adept at explaining how the law works, what my options were, what usually happens (in their experience) and then they LISTEN to you, ask questions and allow you to make very informed decisions. I never had a single one of those annoying moments where you need to talk to them and had to wait. They are very accessible, ready and willing and truly made me feel like I was their only and most important client. Never do they give you the feeling like you're on the clock. In my case against my former employer, we actually were offered a very good settlement; however, it was to be strung out over a year and not in a lump sum. This is not customary and was unexpected as my agreement with Mashel Law was to pay them one-third of the settlement and they'd never before run into an employer unwilling to pay a single lump sum. Despite this last minute twist, they worked out a monthly payment plan for me to extend over one year! Since the settlement, I hand delivered each monthly payment and Tina always greeted me by name and had a nice talk with me sincerely asking how I was doing. When available, both Stephan and/or Anthony would also come out of their office to shake hands and say hello. Long story short, this firm is experienced and they know how to do what they do....I say this not only in terms of their knowing the employment laws, but every bit as much in terms of knowing how people who have been wronged by their employer need to be treated. They are class all the way!"
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Anthony S. Almeida, Esquire
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Peter D. Valenzano, Esquire
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Stephan T. Mashel, Esquire
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New 5 Star Review: "Excellent timely and personable. Highly recommended."
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